Can an employer deny an employee the annual bonus/terminate them based their personality?

I am curious as to if there is any legal action that I could take with a current employer. I was informed that based on my personality I was not receiving an annual bonus, I was also informed that I was no longer a good fit for the team. One major reason being that the head of my team a man said that he felt as if he intimidated me by being a male. which the team is full of females, I am just the only one he does not speak to. I have been given 60 days based on this feedback. Is there any action I can take, since this has nothing to do with my work performance?

Asked on May 8, 2017 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

it really doesn't look like there is much that you can do here. That is unless this action violates the terms of a union agreement or employment contract, which you did not indicate. Additionlly, it must not constitute any form of legally actionable discrimination. For example your receiving lesser treatment due to your gender, which is a protected class. However, you state that you have other females on your team and your employer apparently gets along just fine with them. The fact is that being singled out due to your personality does not make for a valid legal claim. 


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